Terms of Service

Authorization/Contact Agreement

Each client is engaging Red Pepper Creative as an independent contractor for the specific project or a specified timeframe to create, maintain and/or execute a web site, media plan or other marketing or design project. Clients authorize Red Pepper Creative to publicize their completed work online.

Changes and Additions

Any changes request by the client after final approval, agreed upon completion date or specified rounds of changes will be subject to additional charges.

Cancellations and Refunds

Due to the custom nature of the work done by Red Pepper Creative, which is specific to each client’s business and goals, no refunds will be issued on completed work.

Any cancelled work that is not completed, or is partially completed, may be considered for a partial refund at the sole discretion of Red Pepper Creative. Notice of cancellation must be received in writing, and Red Pepper Creative will invoice the client for any work completed that is not covered by the initial deposit, if any. The client agrees to accept responsibility for all work completed prior to written notice of cancellation being received by Red Pepper Creative.

Guarantees

Reputable marketers and creative agencies do not gaurantee results. If you see those types of promises (“double your business in 2 months”), you’ll typically find a company that is inexperienced, shady, or has a lot of sneaky fine print hiding somewhere. Due constantly changing marketplace conditions, competitor strategies and the economy overall, a marketer can no more guarantee the results of a campaign than predict the weather. Our job is to help clients create brands, websites, ads and collateral materials that resonate with their target audience(s), and then help them get those items it in front of the people most likely to respond to them. We work to maximize the chances of good results by communicating with our clients, using research strategically, and relying on our many years of experience in this industry.

Payment of Fees

Timing of fees, deposits and invoices depends on the scope of work and payment terms are outlined by project on the invoice and/or estimate.

Impossibility of Performance

Client acknowledges and agrees that Red Pepper Creative cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond their control including, but not limited to, local telecommunications problems, line failures, or temporary down time for maintenance or upgrades. The client also accepts that from time to time, any web site may temporarily experience interruptions beyond the control of Red Pepper Creative.

Copyrights and Trademarks

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Red Pepper Creative for inclusion in their website or marketing collateral are owned, or that the proper permissions were received by the client from the subject(s) and/or rightful owner(s) to use these elements in their marketing. The client further guarantees that Red Pepper Creative will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.

The burden of proof for accuracy of all printed or online content, whether written by the client or by Red Pepper Creative, rests with Client. All content and creative is sent to the client for review, and it’s the client’s responsibility to make sure all information, punctuation, spelling, grammar, etc. is accurate. Client agrees to release and hold Red Pepper Creative, its employees, officers, directors, and agents harmless of any claims or damages that may occur from the publication, quotation, distribution, public use or any other use of the work that may contain a typographical, factual or other error.

Client acknowledges and accepts that it is the client’s sole responsibility to proofread and confirm the accuracy of website content, website updates (live or proposed) and/or all creative materials and client will not take any action against or include or implicate Red Pepper Creative, its employees, officers, directors, or agents as defendants in any litigation arising out of or related to Client’s use of the work.

Copyright to Web Pages and Artwork

Upon full final payment of this contract, Red Pepper Creative agrees that its work product produced shall remain the exclusive property of client, and that it will not sell, transfer, publish, disclose or otherwise make the work product available to third parties without client’s prior written consent. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client and remain the property of their respective owners. We also reserve the right to display your graphics as examples of our work on our website. Distribution of graphics to other parties is prohibited, including usage on other websites. We require that a link back to our design site be placed on each site created by us or on pages where our graphics are featured.

Removal of Contracted Work

Red Pepper Creative reserves the right to remove the design from public posting for failure to adhere to the terms of this contract, including violation of any licensing agreements or failure to pay fees duly assessed.

Refusal of Service

Red Pepper Creative reserves the right to refuse service to anyone at any time. Red Pepper Creative is not responsible for the content of any client websites.

Design Credit

A small logo image and/or text link to Red Pepper Creative will appear at the bottom of each page on the site. The client agrees to display this image and/or link for as long as the web site, designed by Red Pepper Creative, is publicly displayed on the internet, regardless of where the site is hosted or maintained.

This agreement may be changed without notice. The user agrees to be bound by the current version of this document.

Disclaimer

This site contains links to sites that are created and maintained by other organizations. Red Pepper Creative does not necessarily endorse or gaurantee the information or views expressed on these sites.